MADEWELL PRODUCTS LIMITED & ANOR V. CITIBANK NIGERIA

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment); The Respondent at the lower Court had by Writ of Summons marked UNDEFENDED LIST, dated and filed 11th August 2003, claimed against the Appellant the following

(a) Thirty-five million eight hundred and seventy-six thousand, three hundred and seventy six naira, ninety-seven kobo (N35,876,376.97) jointly and severally or at the alternative against the Defendants being the credit facilities granted by the Plaintiff to the 1st Defendant and guaranteed by the 2nd Defendant and the repayment of which the Defendant have failed, neglected and omitted to repay despite the Plaintiff's repeated demand.

(b) The Plaintiff also claims interest at 24% per annum on the said N35,876,376.97 from 1st May, 2003 until Judgment debt is fully and finally liquidated. The Plaintiff also claims cost of this suit - pages 1-2 of the Record of Appeal.

The claim was for a liquidated sum, and it was supported by an affidavit in support, of 22 paragraphs,…